Archived
I have joint custody with my daughters father, and i would like to move out of town with her to better our futures
Steven's answer
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Answered on June 30, 2014
The less contact he has with your daughter when she lives close by the easier it will be for you to obtain permission to relocate. The standard is...
Archived
If my husband has a pension because of a diability from work will I get half in a divorce, I am diabled to
Steven's answer
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Answered on June 30, 2014
The answer is it depends on how much of the regular retirement benefit was earned during the marriage prior to the disability. The portion that is...
Archived
Forensic Evaluation and Custody
Steven's answer
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Answered on June 30, 2014
Rarely, except in abuse/neglect cases is one reason by itself enough to singularly determine the outcome of a custody case. While clearly some...
Archived
How long do you need to be seperated in NYS, before you are considered legally divorced? We have been separated for 11yrs.
Steven's answer
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Answered on June 30, 2014
While being legally separated can be a ground for divorce it is not automatic. You still have to file and serve a divorce summons and even if...
Archived
Process for filing Contempt of Court
Steven's answer
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Answered on June 29, 2014
Contempt applications are not the easiest to prepare properly. Perhaps there is a law school clinic that can assist you or the local Bar...
Archived
How is the order of protection in a CPS case in which one is prohibited from home/school of child interpreted? Worth an appeal?
Steven's answer
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Answered on June 29, 2014
Since I have not read the Order of Protection I would advise you to consult with an attorney and let them interpret it for you. Having said that,...
Can a judge force a property to be sold in a divorce, and can he consider the character of a spouse in determining a settlement?
Steven's answer
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Answered on June 29, 2014
The court can order the sale of marital property or give an option that he buyout your half interest (assuming it was purchased with marital monies...
How many times can a child custody trial be postponed/adjourned? This is getting ridiculous.
Steven's answer
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Answered on June 29, 2014
The Family Court Judges have standards and goals that strongly urge them to conclude cases within six months. So if the court is allowing all of...
Archived
Half of my retainer was used for emailing, phone calls, and him leaving me messages. He told me the case will not go over XYZ!
Steven's answer
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Answered on June 29, 2014
It sounds as though you have a retainer where you get charged by the hour or fraction thereof. The estimate of 18 hours is only an estimate. ...
Archived
Child Support and medical bills
Steven's answer
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Answered on June 29, 2014
I have seen some Child Support Magistrates insist that new support orders have a 30-30 provision in them that the bill must be submitted within 30...
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